S v Nkomo and Another

• Jurisdiction: South Africa
• Judge: van Blerk JA, Ogilvie Thompson JA and van Winsen AJA
• Judgment Date: 08 December 1964
• Citation: 1966 (1) SA 831 (A)
• Hearing Date: 20 November 1964
• Court: Appellate Division

H van Blerk, J.A.:

The two appellants Alfred Nkomo and Alfred Mkize, both Bantu males referred to as accused No. 1 and accused No. 2 respectively, were convicted in the Durban and Coast Local Division of the murder of Mrs. Skordis, a European woman, on Thursday, 9th January, 1964, in the dwelling house situate at 279 High Ridge Road, Ellis Park, Durban, in which she, her husband and her son, a university student, lived. Both appellants were sentenced to death, with leave to appeal granted by the trial Court.

van Blerk JA

[The learned Judge then set out the evidence and proceeded.]

Accused No. 1 did not give evidence in his defence, but the contents of A the statement before the magistrate, which in the circumstances could not be used against accused No. 2, were not disputed.

Accused No. 2 on being arraigned pleaded not guilty. He gave evidence which is a complete denial of all the relevant evidence proffered against him. He was, however, disbelieved. His denial of possession of the stolen articles and of any knowledge thereof was rejected as false. He was also disbelieved as to the source from which he said he obtained B the R10 notes.

The State case against him depends entirely upon circumstantial evidence. The problem with which the trial Court was faced is whether his complicity in the murder could be inferred from the following proved C facts: On Thursday night, 9th January, the events in (a), (b) and (c) took place.

(a)

The deceased's dwelling house in Durban was broken into while she was alone in the house; she was in her bedroom.

(b)

She was murdered by strangulation which was both manual and by ligature - was effected in such a manner as to evidence an D intention to kill on the part of the person or persons who effected it.

(c)

The transistor radio, exh. 1, and the clothing, exhs. 4, 5 and 9, were stolen out of the bedroom at the time of the murder as well as R800 notes...